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Home My WebLink About11044_Charlotte Army Missile Plant_LURUModel_2010_11_04 NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made:2017 Address: Name: 1830 Statesville Avenue Charlotte Army Missile Plant (CAMP) Project #: County: 11044-07-60 Mecklenburg Property Owner (In part or whole): Read the following LURs and mark each restriction accordingly. Additional remarks may be added for compliance status clarification. Attach any required or supplemental documentation, sign, notarize and submit to the following address: NC Division of Waste Management Brownfields Program 1646 Mail Service Center Raleigh, NC 27699-1646 LUR 1:No use may be made of the Brownfields Property other than for industrial or warehousing purposes, other commercial purposes with prior written Department of Environmental Quality (“DEQ”) approval, and multi-family residential purposes. Within the meaning of this restriction, the following definitions apply: a.“Industrial” refers to the assembly, fabrication or processing of goods or materials. b.“Commercial” refers to a business enterprise. c.“Multi-family residential” refers to use for a permanent dwelling of a multi-unit building. d.“Warehousing” refers to storage of goods, materials, or merchandise for shipment to or processing on other Brownfields Property. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 2:Surface water and groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 3:Soil in the areas designated “Area of Possible Soil Contamination,” on the plat component of the Notice of Brownfields Property (“Notice”), may not be disturbed unless any Charlotte Army Missile Plant (CAMP) (11044-07-60) LUR Update sampling DEQ requires has been conducted, and any actions DEQ requires have been taken based on the sampling results, to ensure the Brownfields Property is suitable for the uses specified Land Use Restriction 1 above and public health and the environment are fully protected. Such actions may include the capping or treatment of soil in situ and/or disposal of soil off-site. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 4:No building that will be used residentially may be constructed at the Brownfields Property, nor may any structure be converted to residential use, without prior written notification to DEQ. If DEQ determines that the footprint of a building subject to this restriction would fall within 100 feet of groundwater contamination on the Brownfields Property, it may not be constructed or converted without: a.a vapor barrier and sub-slab vapor venting system, or other vapor mitigation system, approved in advance in writing by DEQ, within 30 days after installation of which DEQ shall be provided certification of proper installation under seal of a professional engineer licensed in North Carolina, as well as photographs illustrating the installation and a brief narrative describing it; or b.an assessment of the risk posed by soil gas to potential users of the building that demonstrates to DEQ’s written satisfaction that no vapor mitigation system is required. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 5:No mining may be conducted on or under the Brownfields Property, including, without limitation, extraction of coal, oil, gas or any other minerals or non-mineral substances. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 6:No basements may be constructed on the Brownfields Property unless they are, as determined in writing by DEQ, vented in conformance with applicable building codes. Charlotte Army Missile Plant (CAMP) (11044-07-60) LUR Update In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 7:None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in Tables A, B and C of the Notice, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except in de minimis amounts for cleaning and other routine housekeeping activities. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 8:The Brownfields Property may not be used for agriculture, grazing, timbering or timber production. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 9:The owner of any portion of the Brownfields Property where any existing, or later-installed, DEQ-approved monitoring well is damaged shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 10:Neither DEQ nor any party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or entered into by, DEQ may be denied access to the Brownfields Property for purposes of conducting such assessment or remediation. In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ LUR 11:During January of each year after the year in which the Notice is recorded, the st owner of any part of the Brownfields Property as of January 1 of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ (a joint LURU may be submitted for owners of Charlotte Army Missile Plant (CAMP) (11044-07-60) LUR Update residences by a duly constituted homeowners’ association) certifying that the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office; the land use restrictions are being complied with; and any vapor mitigation system installed pursuant to Land Use Restriction 4 above remains intact and in the condition it was in when engineer-certified; and stating: a.the name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the Brownfields Property during the previous calendar year. Insert information: ______________________________________________________________ b.the transferee’s name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address, if said owner transferred any part of the Brownfields Property during the previous calendar year. Insert information: ______________________________________________________________ In compliance Out of compliance ☐☐ Remarks: ______________________________________________________________ Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that the Notice of Brownfields Property remains recorded at the County Register \[Enter County\] of Deeds office and that the Land Use Restrictions are being complied with. This Land Use Restrictions Update is certified by _____________, owner of at least part of the Brownfields Property on this ___day of _________, 20__. Name typed or printed of party making certification: __________________ \[Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)\] By: __________________________ (signature) Name typed or printed: __________________ Title typed or printed: ___________________ NORTH CAROLINA MECKLENBURG COUNTY I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ______________________. Date: ____________ ___________________________________ Official Signature of Notary ____________________________________ Notary’s printed or typed name, Notary Public Charlotte Army Missile Plant (CAMP) (11044-07-60) LUR Update (Official Seal) My commission expires: _________________